Williams v. Buckeye State Bldg & Loan Co.

*404OPINION

By McClelland, j.

This now directly raises the question of the jurisdiction of the Probate Court with relation to that of the Common Pleas Court. The statute specifically provides that nothing' in the chapter on assignments shall preclude the maintenance of a foreclosure suit in the Common Pleas Court instituted prior to the assignment, but in the case at bar the deed of assignment was filed in the Probate Court before the date of the institution of the foreclosure action in the Common Pleas Court. As we have said above, all of the defendants were served with summons in that action but…